FIRE RISK ASSESSMENT & HEALTH AND SAFETY RISK ASSESSMENT

Charted Building Surveyors Report FIRE RISK ASSESSMENT & HEALTH AND SAFETY RISK ASSESSMENT Our ref: MEB/PA/130035 30 th September 2013 Client Reference: Site Reference: Itsyourplace Limited Fire Risk Assessment and Health & Safety Risk Assessment Vivid Surveyors Limited Unit 3 & 4 Mount Batten Business Park Jackson Close Farlington Hampshire 023 92380201

Date of Report/ Assessment 30 th SEPTEMBER 2013 Report Author Assessor MALCOLM E BELCHER MRICS MARK STACEY Review date SEPTEMBER 2014 malcolm belcher.. Director Vivid Surveyors Limited Prepared on behalf of HAEMC Page 2 of 26

REPORT CONTENTS 1.0 Introduction 2.0 Preamble 3.0 Scope of Report 4.0 Description 5.0 Assumptions 6.0 Information Referred to and Provided Part 1 - Fire Risk Assessment 7.0 Legal Obligations and Basis of Assessment 8.0 Observations 9.0 Recommendations Part 2 Health & Safety Assessment 10.0 Legal Obligations and Basis of Assessment 11.0 Observations 12.0 Recommendations 13.0 Conclusion APPENDICES Appendix A Fire Risk Assessment Schedules for Each Block Appendix B Health & Safety Assessment Schedule Appendix C Photographic Schedule Appendix D Site Specific Fire Safety Log Page 3 of 26

1.0 INTRODUCTION 1.1 Vivid Surveyors Limited was appointed by Haslett Avenue East (Crawley) Management Company Limited (HAEMC) via their represented Managing Agents, Itsyourplace Limited to carry out an inspection of all internal and external common parts and to prepare a report on its Fire Risk Assessment and highlight any issues for action. 1.2 In additional to the preparation of a Fire Risk Assessment we were required to assess the site in respect to the Health & Safety Risk Assessment and highlight any issues for action. 1.3 We confirm that we have no known conflict of interest and that we have had no connection or instruction with regard to the boundary or the land owners within the last twelve months. 1.4 Vivid Surveyors Limited hold Professional Indemnity insurance in respect of the services provided. Page 4 of 26

2.00 PREAMBLE 2.01 This report is provided for the private and confidential use of the Client. The surveyor accepts responsibility to the Client alone that the report is prepared with the skill, care and diligence to be expected of a competent Chartered Surveyor, but accepts no responsibility whatsoever to any person other than the Client. The report shall not be reproduced in whole or in part or relied upon by third parties (any such person relies upon the report at their own risk). 2.02 This report is provided for the stated purpose only and is for the sole use of Itsyourplace Limited and the Directors and Leaseholders of HAEMC. It is confidential to you and your professional advisors and Vivid Surveyors Limited accept no responsibility whatsoever to any person other than yourselves. Neither the whole, nor any part of this report, nor any reference to it, may be included in any published document, circular or statement, nor published in any way without Vivid Surveyors Limited written approval of the form and context in which it may appear. 2.03 The inspection did not include any parts of the structure which were covered, unexposed, inaccessible or below ground and we are, therefore, unable to report upon any of these elements that form part of the building fabric. 2.04 All measurements and dimensions mentioned are taken externally unless otherwise specifically stated. Page 5 of 26

3.00 SCOPE OF REPORT 3.01 This report should be construed as a comment upon risks associated with Fire Safety of the physical parts of the internal and external areas only and does not extend to advice of other aspects and current issues regarding the use, condition and management of the estate. 3.02 The specific parts subject to this report are as follows: Internal Common Parts 1-60, 61-114, 115-188 Howlands Court (187 flats) 1-109 Page Court (108 flats) 1-34, 81-91, 95-102 Rampling Court (60 flats) 2-10, 116-121, 123-130, 133-143 Nokes Court (39 flats) 12-22, 25-40, 43-75, 78-98 Finlay Court (85 flats) 42-49, 53-63 Tomlin Court (19 flats) 3-10, 41-47, 48-54 Commonwealth Drive (22 flats) *excludes Housing Association flats, private houses and Choda House External Common Parts Play ground Soft Landscaped areas Hard Landscaped Areas Bin Stores Roadways Below Ground Carparks Plant Rooms 3.03 The results of our assessments have been included at Appendix A & B and a summary of our findings and recommendations is included in the main body of this report. 3.04 In considering our findings and recommendations we have requested and reviewed copies of all relevant reports together with current procedures, policies and processes that contribute to the prevention and protection of fire risk management. Page 6 of 26

3.05 We should explain that we have restricted our examination to those parts of the building that were accessible, exposed or uncovered at the time of inspection. Thus, we have not opened up any concealed surfaces. We are, therefore, unable to report that any unexposed or inaccessible parts of the property. 3.06 We were also asked to combine the Fire Risk Assessment with a Health and Safety Risk Assessment of the estate in particular consideration of the location and use of the children s play area. 3.07 Separately to this report we have prepared and issued a desktop asbestos report in accordance with good practise Property Management procedures. 3.08 Site Inspections were carried out on 12 th June, 16 th July, 28 th August and 19 th September 2013. 3.09 Access was provided to all areas and where necessary keys were made available to assist with our inspections to the secured areas. Page 7 of 26

4.00 DESCRIPTION 4.01 Pembroke Park is large residential estate located close the Crawley City Centre. 4.02 The estate comprises of 7 privately owned blocks of residential apartments. The estate also comprises of blocks managed by Social Housing Landlords and which do not fall part of this report. 4.03 In addition to the residential blocks there are privately owned freehold houses and Commercial premises including a Tesco Express store. 4.04 The Construction of the estate commenced in 2006 and was completed in late 2010. 4.05 The form of construction throughout the estate comprises a mixture of traditional and non-traditional design with concrete and steel frame construction to the medium and high rise blocks of apartments. 4.06 Internally the common parts are designed around a single stairway with automatic ventilation and include fire prevention and early warning systems as approved by the Local Authority at the time the estate was conceived. Page 8 of 26

5.00 ASSUMPTIONS 5.01 Our approach to the site inspections and preparation of this report has been based on the following assumptions: 1. The existing fire policy to the blocks of flats is a stay put requirement. 2. The existing fire alarm system was approved and certified as part of the Building Regulations approval at the time of construction. 3. All existing systems and equipment is in a good working condition. 4. A periodic inspection and testing regime is in place. 5. No material alteration has been carried out since completion 6.0 INFORMATION REFERRED TO AND PROVIDED 6.01 In completing our assessment and preparation of this report we have requested information regarding specific aspects of the buildings and services which are relevant to the fire safety management. The following information has been made available to us:- 1. Published FRA s carried out by Crabtree Property Management 2. Published FRA s carried out by Moat Housing 3. Published Gate reports 4. Published Lift reports 5. Published Health and Safety reports 6.02 In addition to reviewing available information we have called and attended a meeting with Rebecca Garrett, Protection Inspecting Officer at West Sussex County Council (19.09.13). This meeting was attended by Nigel Bennett of Quantum Services who are presently contracted to maintain the fire alarms and automated smoke vents throughout the estate. Page 9 of 26

PART 1 FIRE RISK ASSESSMENT 7.00 LEGAL OBLIGATIONS AND BASIS OF ASSESSMENT 7.01 Legal Obligations 7.01.1 The management of fire safety within sleeping accommodation including common parts to blocks of flats is established by The Regulatory Reform (Fire Safety) Order 2005 (the Order). Premises such as HMO s will also be subject to the Housing Act 2004. 7.01.2 A key element of the Order is a requirement to carry out periodic fire risk assessments and to establish and maintain a fire policy. By undertaking a regular review of the existing fire precautions, preventative and protective measures can be identified and implemented. The core principle is therefore to prevent fires from starting and protect those at risk should they start. 7.01.3 The responsibility to ensure that these core principles are managed falls on the party whom has ultimate control of the management of the building/s i.e. the Freeholder, Landlord, RMC, RTMC, Management Company and Managing Agents. 7.01.4 The Order sets out a number of other fire safety duties placed on the person responsible for the building. For Pembroke Park we have assumed the responsible person/s are HAEMC who have assigned their responsibilities to its Managing Agents, itsyourplace Ltd and whose Legal responsibility is as follows: - (not exhaustive) Page 10 of 26

1. Must appoint a competent person to assist in the undertaking of preventative and protective measures 2. Must provide employees clear and relevant information on the risks to them as identified in the fire risk assessment and the measures taken 3. Must consult with their employees about nominating person to carry out particular roles in connection with fire safety and improving fire precautions 4. Must inform non-employees, such as residents, temporary and contract workers of the relevant risks to them, any nominated persons and specific fire safety procedures 5. Must co-operate and co-ordinate with other competent persons who have premises and inform them of any significant risks and how you will manage these risks so as to protect their employees 6. Must provide any other external employer with clear information on the risks to their employees and preventative and protective measures issue instructions to employees about the risks that may affect them 7. Must consider the presence of any dangerous substances and the risks this presents 8. Must establish a suitable means of contacting emergency services 9. Must ensure premises and any equipment are covered by a suitable system of maintenance and maintained by a competence person 7.01.4 The Order further stipulates the responsibility of the competent person extends to premises with more than one employee and which is under the competent person control. 7.01.5 Pembroke Park was built to Building Regulations Approval and as such a completion certificate would have been issued (not seen) by the Local Authority and shall therefore deem to comply with the requirements of the 2005 Order. Whilst this suggests that Pembroke Park complies with Statutory Regulations and Standards from the date of its completion, post-construction fire risk assessments must be carried out regularly and records kept up to date to ensure the fire precautions that formed the Page 11 of 26

original design and construction remain current and in good working order. 7.01.6 The aims of a Fire Risk Assessment as defined in the Order are as follows: 1. To identify the fire hazards 2. To reduce the risk of these hazards causing harm to as low as reasonably practicable. 3. To decide what physical fire precautions and management arrangements are necessary to ensure the safety of people in the premises if a fire starts. Definition of terms: Hazard: anything that has the potential to cause harm Risk: the chance of that harm occurring 7.02 Basis of Assessment 7.02.1 There has been a recent publication for National Guidance on Fire Safety for Purpose built blocks of flats known as Fire Safety in Sleeping Accommodation published by the Local Government Group. Whilst this is a comprehensive guide is it not intended to provide conformity to the 2005 Order. 7.02.2 There are a number of other published documents which provide a good source of reference and practice guidance none more relevant than the Code of Practise SERVICE CHARGE RESIDENTIAL MANAGEMENT CODE as issued by the Royal Institution of Chartered Surveyors effective from 6 th April 2009. 7.02.3 In addition to referring to these publications our assessment is takes into consideration good industry practises, professional experience and common sense. Page 12 of 26

7.02.4 The following elements form the key areas of this assessment: 1. People at risk in the premises and those especially at risk 2. Legal Responsibilities within the premises 3. Fire fighting systems 4. Fire alarm systems 5. Electricity and gas meters 6. Fire safety signage 7. Arson and security 8. Housekeeping standards 9. Potential heat sources and hazards 10. Means of escape 11. Potential fire spread 12. Emergency lighting 13. Underground car parks 14. Fire safety management and planning 15. Fire safety recording systems 16. Waste disposal 17. Lifts 18. Plant rooms 7.02.5 The FRA schedules are structured using a 3 Stage process as follows: Stage 1 Assessment Criteria Stage 2 Data Capture and Assessment findings Stage 3 Post-Assessment Management The schedules have been presented in electronic form (MS Excel) as well as hard copies appended to this report. The schedules can therefore be updated as a record of meeting compliance as well as providing a good management tool. Page 13 of 26

8.0 OBSERVATIONS 8.01 At first glance the estate together with the individual blocks of apartments, externally and internally, appear to be well managed and in good order. However, there are a number of matters and deficiencies which remain a concern and need to be addressed before the estate can be considered as meeting satisfactory compliance. 8.02 This report recognises that itsyourplace Ltd have only recently been appointed as the Managing Agents and have made substantial efforts to assist the Directors of HAEMC meet their obligations. This report therefore makes no suggestion whatsoever to any responsibility attributable to their management services. 8.03 With regards to deficiencies the following has been highlighted as falling short of meeting satisfactory compliance. 1. Locks to main entrances to blocks require changing 2. Waste bins in common parts require removal 3. Internal Fire Signage is inadequate to common parts and to car parks 4. External Fire signage is inadequate i.e. Fire Engine Direction signs 5. Obstructions found in common areas 6. Common cupboards found to be unlocked 7. Combustible materials found in common parts 8. Luminaire faults to emergency lighting 9. No current electrical or gas safety reports and certificates 10. Bin stores unlocked and unsecure 11. Poor Fire Safety Management and recording regime in place 12. No Contractor monitoring procedure in place Page 14 of 26

8.04 In addition to the main deficiencies other matters have been noted as requiring immediate attention. These are included as part of our review of other information made available to us. Such matters relevant to this FRA include: Lifts to common parts 1. LOLER reports carried out. Numerous defects to Page Court lift. Roller shutters to bin store rooms 1. No fireman s override switch provided to Page Court Automated vehicle gates 1. No internal release button for escape purposes to Finlay Court 2. No internal release button for escape purposes to Howlands Court 3. No fireman s drop key operation provided 4. No crush zone warning signage or protection 8.05 Due to the proximity of industrial premises to Commonwealth Drive, independent fire suppression systems, sprinklers, have been installed to a number of the freehold houses. Although the owners of these houses may not have direct responsibility to the HAEMC nevertheless copies of current service certificates of the devices should be provided. If no current certificates are in place they should be carried out to prevent and mitigate any damage to adjoining premises from the effect of fire spread. It is likely the terms of the Buildings Insurance will require the systems to be periodically serviced in accordance with the systems manufacturer s recommendations. Page 15 of 26

The type of service regime will depend on the system installed such as a wet or dual wet/dry system. Normally it will involve the service of the alarm check valves. 9.00 RECOMMENDATIONS 9.01 Before the estate can be considered as meeting satisfactory compliance, either with on-site matters or in-house procedures, a number of activities must be commenced and resolved. 9.02 To ensure each action is identified we recommend that they are placed into one of three categories i.e. Physical Remedial Works, In-House Management Procedures and External Management Procedures. These activities can then be appropriately delegated to the best resources available and monitored accordingly. As each activity is completed the live schedules can be updated (Stage 3 Post Assessment Management). 9.03 The Physical Remedial Works can further be split into either intrusive and non-intrusive works. For example, intrusive works are those such as installing/ changing locks, upgrading the shutters and vehicle exit gates, repairing faulty luminaires and fixing improved signage. Non-intrusive works are for example, inspections, testing and reporting on existing mechanical and electrical installations. 9.04 Examples of In-house Management Procedures are for those that have been highlighted in the assessment as lacking or inadequate. Such procedures commonly referred to as Fire Safety Management must be put into place for all fire safety and suppression systems including daily checks, weekly tests and Page 16 of 26

checks, monthly tests and checks, six-monthly tests and checks and annual tests and checks. All inspections and testing must be suitable recorded. A full list of these checks is set out in the appropriate guidance with the main ones summarized as follows: Daily 1. Check escape routes against obstructions and combustible material 2. Check fire doors are working properly 3. Check automatic release mechanisms 4. Check fire alarm panel is fully operational 5. Visually check emergency lights and report any defects 6. Check all safety signs are in place 7. Check fire doors and bin store doors are locked Weekly 1. Test fire detection and warning system 2. Test manually operated devises 3. Check all batteries operated devises are working 4. Check fire extinguishers and hose reels are in place Monthly 1. Test all emergency lighting including back up batteries and luminaires 2. Check fire doors and intumescent seals Annual 1. Test all fire fighting equipment 2. Test fire alarm and provide certificate 3. Test door entry and provide certificate 4. Check fire compartmentation systems 5. Maintain fire-resisting doors and system 6. Test emergency lighting and provide certificate 7. Test smoke vents and provide certificate 8. Test vehicle gates and provide certificate Page 17 of 26

9. Test hydrant and provide certificate 9.05 To achieve satisfactory compliance throughout the estate we recommend the following 15-point action plan is agreed and implemented. 1. Establish and implement comprehensive Fire Safety Management regime in accordance with The Order 2005 and good guidance practises. Update the estate FRA as necessary. 2. Issue the estate FRA and obtain site/job/contract specific Health and Safety Policy and Procedures to all external contractors. Update the estate FRA as necessary. 3. Establish in-house training/ induction procedures for staff delegated to Pembroke Park. Update the estate FRA as necessary. 4. Establish and implement external contractor monitoring procedures. Update the estate FRA as necessary. 5. Implement all necessary measures to the satisfaction of the Fire Officer including relocating the fire hydrant and erecting fire engine direction signage. Update the estate FRA as necessary. 6. Obtain up to date service records of the independent sprinkler systems or alternative request inspection regime. Update the estate FRA as necessary. 7. Request copies of FRA s specific to the Commercial premises and update the estate FRA as necessary. 8. Request copies of FRA s specific to the Housing Association blocks (Moat & Hyde) and update the estate FRA as necessary. 9. Request copies of FRA s specific to Choda House and update the estate FRA as necessary. 10. Instruct specialist contractor to upgrade the roller shutter doors and vehicle entrance gates as recommended and update estate FRA as necessary. 11. Instruct electrician to carry out periodic safety inspections to all electrical cabling, switchgear and appliances and undertake repairs as recommended. Update the estate FRA as necessary. Page 18 of 26

12. Implement a programme of luminaire replacements to ensure all domestic and emergency light fittings are in a good working condition. 13. Upgrade and improve the existing fire safety signage, internally and externally as recommended. Update the estate FRA as necessary. 14. Instruct small works contractor to undertake programme of minor works as recommended by the FRA. Update the estate FRA as necessary. 15. Write to all residents and to the Commercial premises explaining the key findings and actions from the FRA and to include advice on the prohibited use of non-fire rated waste bins, store and combustible items in common areas and smoking zones. Update the estate FRA as necessary. 9.05 The 15-point action plan will need to be commenced and completed within a strict timeframe as suggested in the schedules at Appendix A of this FRA. However, it is acknowledged that a number of the items on the above list will be subject to further funding which may require consultation with the Leaseholders and contributions made through their individual Service Charge Accounts. As a minimum we would suggest the following timescales should achievable. Action within 28 days Action points 7, 8, 9, 10, 13 and 14 Action within 3 months Action points 1, 2, 4, 6, 11, 12 and 15 Action within 6 months Action points 5 Page 19 of 26

PART 2 HEALTH & SAFETY & RISK ASSESSMENT 10.00 LEGAL OBLIGATIONS AND BASIS OF ASSESSMENT 10.01 With regards to Contractors, normally it s the landlord or management company who is the employer under any contract and not the managing agent. Therefore in respect to the Pembroke Park estate it will be HAEMC that have ultimate responsibility although it will be itsyourplace Ltd that will need to ensure they fulfil their contractual obligations including where appropriate meeting the requirements of the Construction (Design and Management) Regulations 2007. 10.02 As the managing agent, itsyourplace Ltd will, on behalf of HAEMC, be responsible for ensuring that contractors comply with the Health & Safety legislation. There are extensive legislation and guidance notes that affect the management of residential property and these exist to ensure: 1. all places of work are maintained in a safe and healthy condition 2. all entrances and exits are safe, without risks and unobstructed at all times 3. all plant and equipment is maintained and in a safe and healthy condition 4. all employees are provided with protective clothing/ equipment and given proper training for its use 5. all appropriate signage and safety notices are displayed 6. all necessary instruction, training and supervision of employees is provided 7. competent people are appointed to assist in health and safety matters 8. all fire regulations are complied with Page 20 of 26

10.03 Remember: Managers should satisfy themselves that all buildings under their management meet the relevant standards under health and safety regulations and where they do not property managers should ensure that corrective action is taken or that problems are brought to the attention of the owner (HAEMC). 10.04 Occupying tenants should be aware of their responsibilities under the lease/tenancy. Employees and subcontractors of managing agent should have been properly advised and provided with appropriate training. Managing agents should have office procedures in place to ensure health and safety matters are referred to in any paperwork involving the employment of contractors. Source: Code of Practice Service Charge Residential Management Code RICS 2006 10.05 Regarding itsyourplace Ltd as the managing agent the attention to Personal Safety is equally an important element of Health and Safety procedures relevant to Pembroke Park. Such regulations are set out in the Health & Safety at Work Act 1974 and the Management of Health and Safety at Works Regulations 1999. Specific measures that govern Personal Safety are: 1. Monitoring of staff and their safe return when at Pembroke Park 2. Procedure for staff that do not return to the office from Pembroke Park 3. Training for staff for their personal safety when at Pembroke park 4. Safe procedures are implemented when undertaking management tasks for Pembroke Park 5. Maintain and keep records during period of statutory limitation of action. Page 21 of 26

10.06 In complying with applicable health and safety requirements itsyourplace Ltd should have devised and maintained both a company and site specific (Pembroke Park) health and safety policy and arrange for regular risk assessments. 10.07 This health and safety risk assessment for Pembroke Park has taken into consideration the following criteria:- 1. Curtilage of the Pembroke park Estate 2. Contractor Arrangements 3. Managing Agents procedures 4. Asbestos 5. Water management 6. Automatic gates 7. Playground area 8. General health and safety issues Page 22 of 26

11.0 OBSERVATIONS 11.01 In general we found only a small number of issues which require immediate attention. However, the overriding issue is the potential risk to injury to small children and other vulnerable people due to the lack of perimeter safety barriers and the proximity of the playground area to the highway, Commonwealth Drive. 11.02 In addition to the lack of safety barriers there are no signs warning parents and guardians to the presence of passing traffic and the need for close supervision. 11.03 A planning condition still applies for the large T junction to Commonwealth Drive to be used as a turning circle of heavy delivery vehicles to the Tesco retail store. However, this is not being adhered to and instead heavy vehicles are using the estate as a more convenient method of turning vehicles contrary to the planning condition. We understand it is the intention to enforce a no drive through policy and if successful will substantially increase the risk to safety adjacent to the play area. 11.04 As a result of heavy vehicles illegally passing through the estate damage in various locations has been caused to the hard landscaping and roadways resulting in trip hazards. Page 23 of 26

Example of damaged roadways 11.05 In a couple of locations gas meters have been positioned externally and immediately adjacent to parking bays with no impact barriers provided. In the event of damage to the gas meters from approaching vehicles local residents are exposed to the risk of gas escape and possible explosions. Meters to north of Commonwealth Drive 11.06 All external bin stores are exposed to the potential of unauthorised entry, vandalism and arson. The doors do not have suitable locks and there is open vent areas which should be enclosed with window frames or grilles. Example of bin store doors left unlocked Page 24 of 26

11.07 A number of deficiencies were noted to the vehicle entrance gates and roller shutter doors to the integral bin stores (Howlands Court). These include a lack of exit buttons, no fireman s override switching, no warning signs, poor sightlines and lack of protection to the crush zones. 11.08 A number of minor issues were noted to the common parts although these should be treated as important as the more significant risks method above. Examples of these include poorly fitting floor coverings and lack of window restrictors. 12.00 RECOMMENDATIONS 12.01 In conjunction and associated with the recommendations of the FRA a number of actions MUST be taken over the next 3 months to reduce and mitigate the risks to health and safety as highlighted in our assessment. We recommend the following 9- point action plan is approved and commenced. 1. Instruct specialist fabricator to supply and install appropriate safety barriers between the plat area and Commonwealth Drive. 2. Erect appropriate warning signage to highlight the rules of use and risk of using the play area. 3. Call upon the Local Authority to enforce the no drive through policy or alternatively consider traffic narrowing measures to restrict heavy vehicles driving through the estate. 4. Install barriers to around gas meters where at risk of vehicle impact. 5. Implement improvements to egress from car parks to improve sightlines. 6. Implement rectification and remedial works to the vehicle gates and roller shutters as recommended. 7. Carry out a programme of minor works to the common parts as recommended. Page 25 of 26

8. Review existing policies and procedures for staff and contractor appointment and upgrade/ amend as considered appropriate to comply with health and safety regulations. 9. Review existing policies and procedures for contractor monitoring and upgrade/ amend as considered appropriate to comply with health and safety regulations. 13.0 CONCLUSIONS 13.01 In the whole the estate is being well managed by itsyourplace Ltd and efforts are currently in place to ensure the estate meets all relevant fire safety and health and safety regulations. 13.02 Due to a lack of effective management from previous managing agents and/or Management Company a number of deficiencies are evident and require on-going efforts to ensure the estate is a safe environment to live and work. 13.03 This Fire Risk Assessment and combined Health & Safety Risk Assessment has been prepared to identify these deficiencies and recommend appropriate actions and timescales to achieve satisfactory compliance. We trust you find this report in order. Malcolm E Belcher BSc MRICS Director in Charge of Building Surveying Services On behalf of Vivid Surveyors Limited Page 26 of 26